HMRC Admin 32 Response
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RE: Does profit on sale of S&S ISA count towards Adjusted Net Income (for Tax Free Childcare)?
Hi,
No, the income made from your stocks & shares ISA would not factor into your Adjusted Net Income.
Thank you. -
RE: Director`s Loan Amount
Hi,
Guidance on the tax implications where a director's loan account is overdrawn is provided at:
Director's loans: If you owe your company money
Thank you. -
RE: eBay sales confusion
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RE: Share Loss Relief in EIS shares that were gifted
Hi,
That unless EIS relief is attributable to the shares disposed of, a share loss relief claimant needs to have themselves subscribed for the shares that are the subject of the claim. Commentary is provided at this reference which defines a subsription for shares. This emphasises that shares that are acquired by gift will not have been subscribed for and so share loss relief is not therefore available.
An exception to this rule (please see VCM75310) is when shares were subscribed for and subsequently transferred to a spouse or civil partner during their lifetime and they were a spouse or civil partner at the date of transfer. It might also be worth referring, in your reply, to HS286, where the full relevant conditions for a valid claim are set out.
VCM74010 - Share Loss Relief: individual and corporate claimants: individual claimants: method of approach
Thank you. -
RE: IR35 Rules and Remote Contracting from Abroad
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RE: Cash Transfer from parents residing outside UK
Hi,
There are no Income Tax implications on the receipt of a cash gift unless the cash gift generates interest or dividends. These would then potentially be subject to tax. Further guidance can be found here:
Tax on savings interest
Tax on dividends
Thank you.
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RE: US Government Pension received in the UK
Hi,
In most cases, US government pensions are taxable only by the IRS in the USA. However, if you are in receipt of a US government pension, but you are resident in the UK and you are a UK national, then the tax treaty allows for HMRC to tax this pension as well. The IRS will have first rights to tax this pension. You would declare the pension in your self assessment tax return and claim a foreign tax credit for the tax paid in the US.
Thank you. -
RE: Receiving a gift - overseas
Hi,
There are no Income Tax implications on the receipt of a cash gift unless the cash gift generates interest or dividends. These would then potentially be subject to tax. Further guidance can be found here:
Tax on savings interest
Tax on dividends
Thank you. -
RE: Overseas Remote employee for a UK based employer
Hi Daniel,
We are unable to give liability decisions on this forum, if you believe you should not be paying national Insurance contributions (NICs) in the UK please complete the following application form:
Apply for a certificate confirming you will pay UK National Insurance when working temporarily abroad (CA3822)
If this is the first time your employer has posted someone abroad then they should also complete the CA3821 application below.
Tell HMRC if you're sending employees to work abroad (CA3821)
If you are working in more than one EU member state then you should complete CA8421 application found below:
Apply for a certificate to confirm you pay UK National Insurance when working in 2 or more countries (CA8421)
Self employed abroad CA3837 application:
Apply for a certificate to confirm you will pay UK National Insurance while self-employed abroad temporarily (CA3837)
Please note being a non UK tax resident is not the same as not being liable to pay UK NICs. Once we have given you a liability decision on whether you should remain UK insured then you may also be entitled to a refund of overpaid NICs.
Thank you.
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RE: payment of voluntary class 2 NIC contributions from abroad
Hi,
Details of how to pay voluntary National Insurance contributions can be found on the following weblink:
Voluntary National Insurance
As you are paying overseas voluntary contributions your 18 Digit Reference Number remains as you advised.
Thank you.